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Archive for February, 2010

Tuesday, February 16th, 2010

Bank of America (BAC: 7.29 -0.14%) reported 12,700 permanent modifications under the Home Affordable Modification Program (HAMP) through January, an increase from 3,200 a month earlier.

The US Treasury Department launched HAMP in March 2009 to provide capped incentives to servicers for the modification of loans on the verge of foreclosure. Through December, servicers provided 66,000 HAMP permanent modifications.

BofA came under fire from critics after the November 2009 progress report showed it provided 98 permanent modifications of the more than 1m HAMP-eligible loans in its portfolio. At the outset of the program, servicers rushed borrowers into the HAMP three-month trial period to collect the necessary documents for a permanent modification along the way.

BofA shifted its focus to collect documents from borrowers before entering a trial, making the conversion into a permanent modification easier. Soon after, the Treasury and the Department of Housing and Urban Development (HUD) changed the guidelines on how all servicers would introduce borrowers into the program. Beginning June 1, 2010 borrowers have to submit all documentation to the servicer before entering a HAMP trial.

"These results are attributable to the resources — including expansion of our default management staffing to more than 15,000 — and focus we have placed in support of this and other homeownership retention programs,” said Jack Schakett, credit loss mitigation strategies executive for Bank of America Home Loans.

But the House Committee on Oversight and Government Reform launched an investigation into the effectiveness of HAMP. The credit rating agency Standard & Poor's even questioned the permanency of the modifications when analysts predicted 70% of all cured loans would re-default.

Other initiatives are on the way. BofA was the first servicer to sign a contract with the Treasury on the HAMP second-lien program, and the Home Affordable Foreclosure Alternatives (HAFA) program, which provides incentives to servicers to purse short sales and deeds-in-lieu of foreclosure for borrowers who do not qualify for HAMP, will launch in April 2010.

Write to Jon Prior.

The author holds no relavent investments.

Tuesday, February 16th, 2010

The “shadow inventory” of bank-repossessed properties, as well as distressed mortgages facing foreclosure, will take nearly three years to clear at the current sales rate, according to a report from the credit rating agency Standard & Poor’s (S&P). The analysts add that during this period many servicers will likely shift their emphasis from mortgage modification to loan liquidation.

The “shadow inventory” of homes includes all delinquent loans and real-estate owned (REO) property that has not reached the market. REO property are foreclosed homes taken back by the bank for liquidation. As for the total amount of homes in the shadow inventory, Amherst Securities places the total at 7m. The Royal Bank of Scotland found 2.7m, and First American CoreLogic counted 1.7m.

S&P estimates the inventory to equal a 33-month supply of homes. Analysts added the estimate is actually conservative, as they did not assume homes not showing signs of distress would default and push the overhang of supply even further.

Furthermore, court delays, political pressure and servicing backlogs constricted the flow of foreclosures hitting the market to a trickle. These delinquent borrowers who have not received a foreclosure fuel the “rapidly” growing shadow inventory of properties, according to the report.

“Overall, it is our opinion that recent positive housing reports should not be construed as a sign that the distress in the residential housing market is abating, but rather should be attributed to the temporarily limited supply of homes on the market,” according to the report.

Another credit rating agency, Moody’s, showed that the underwhelming performance of the Home Affordable Modification Program (HAMP), which the US Treasury Department launched in March 2009 to give incentives to servicers for the modification of loans on the verge of foreclosure, will drive down housing prices another 8% from Q409 to the end of 2010.

According to the S&P report, homes are falling into serious delinquency faster than REO transactions are closing. The total balance of seriously delinquent loans reached well over $400bn through November 2009, while the balance of REO properties reached its peak in September 2008 and declined to $50bn. On average, $14.5bn of seriously delinquent loans or REO property liquidates each month. According to the report, it will take 29 months to clear this supply of homes:

The other four months worth of supply comes from re-defaults on delinquent loans currently cured – or brought back to current status through a loan modification. Following current trends, S&P analysts predict that 70% of the cured loans will re-default. The total balance of these re-defaulting loans and the current amount of serious distressed loans will reach $473.4bn, nearly 30% of the total outstanding balance on all privately securitized loans.

With the launch of HAMP, servicers shifted strategy from liquidation to modification. The amount of loans that progressed from seriously delinquent to REO fell to 28% in Spring 2009 from 58% in June 2008. In that time, seriously delinquent loans that cured went from 32% to 58%, according to the report. But analysts found that this shift was only temporary.

"We believe that the recent constriction in the supply of foreclosed homes on the market is a temporary one," claim the analysts.

"Loan modifications and the observed extension of time distressed loans remained as such may simply have delayed the inevitable, creating the demonstrated shadow inventory of troubled loans," they wrote. "Ultimately, the majority of the properties these distressed loans represent will likely have to be liquidated."

Write to Jon Prior.

Tuesday, February 16th, 2010

Loan origination software (LOS) developer Mortgage Cadence entered the servicing software sector with the launch of a new product that automates the loss mitigation process for delinquent and defaulted loans.

The Web-based Loss Mitigation Gateway software analyzes loan data against Making Home Affordable Modification Program (HAMP) eligibility requirements and can be customized to check for eligibility of a servicer’s in-house modification programs.

“The heightened regulatory scrutiny surrounding loss mitigation coupled with the associated risks and failure rate of current products creates a number of challenges for servicers and lenders," said Mortgage Cadence CEO Michael Detwiler who felt the new software, "addresses many of the challenges these entities face."

The automation functions of the software reduce the manpower need to evaluate mortgage files, the Denver-based developer said, adding that if a loan that’s eligible for modification is identified, the software can calculate the new terms of the mortgage and can automatically generate loan modification document packages.

“This comprehensive solution provides servicers and lenders with the ability to achieve affordable and sustainable mortgage programs for borrowers while increasing the value of distressed mortgages by re-establishing them into performing loans,” Detwiler said.

Write to Austin Kilgore.

Tuesday, February 16th, 2010

The US Federal Reserve is sitting on significant paper losses on the real estate assets it acquired in the Bear Stearns rescue, with much of the red ink coming from debt used to back some of the most highprofile buy-out deals of the bubble years.

Among the debts weighing on the central bank's portfolio are those used in financing the acquisitions of Hilton Hotels, which is being restructured, and hotel operator Extended Stay, which is in bankruptcy, people familiar with the matter say.

Tuesday, February 16th, 2010

The weak state of the American and European economies remains a risk to the global economy despite evidence of a recovery over the past year, a Reserve Bank official said today.

While the US had successfully stress-tested 19 of its largest banks in May, second-tier banks with heavy regional exposure to commercial property pose a threat to financial markets, RBA assistant governor Guy Debelle said in a Sydney speech. Similar risks exist for European banks.

Tuesday, February 16th, 2010

Shopping mall real estate investment trust (REIT) Simon Property Group (SPG: 136.69 +0.12%) made a $10bn offer to acquire General Growth Properties (GGP: 15.96 +0.19%) in a deal that would pull the rival mall REIT out of bankruptcy and would add more than 200 malls to Simon’s portfolio of 325 properties.

Indianapolis-based Simon’s offer includes $7bn in cash or stock for 100% cash recovery of par value plus accrued interest and dividends to all of Chicago-based GGP’s unsecured creditors, the holders of its trust preferred securities, the lenders under its credit facility, the holders of its exchangeable senior notes and the holders of bonds issued when GGP acquired mall owner Rouse in 2004, Simon said.

GGP shareholders would receive $6 cash per share as well as the equivalent of $3 per share for GGP’s ownership interests from its master plan community operations. Under the Simon deal, GGP shareholders would be offered cash of Simon stock and GGP’s existing secured debt on portfolio of assets would remain in place.

Simon Property said it currently has the resources — cash on hand, equity co-investments from unnamed institutional investors and Simon's existing credit facilities — to execute the transaction and the deal has no financing contingency, but added the offer is not “open-ended.”

"Simon's offer provides the best possible outcome for all General Growth stakeholders. Simon is in the unique position of being able to offer General Growth creditors and shareholders full, fair and immediate value,” Simon Property chairman and CEO David Simon said in a statement Tuesday.

“Our offer provides much-needed certainty to conclude General Growth's protracted reorganization process. We are confident it is the best option for all General Growth constituencies and far superior to any other third-party proposal or stand-alone plan that could be completed,” Simon added.

Simon said his firm decided to publicly announce the takeover offer after the company did not receive a “substantive response,” “nor any indication that you are prepared to enter into serious discussions so as to make our offer available to your shareholders and creditors” for more than one week, according to an open letter he sent to the GGP board of directors Tuesday.

According to a Simon Property statement, the committee representing GGP’s creditors supports the offer and is encouraging GGP to enter negotiations.

“Full cash payment to all unsecured creditors and the substantial recovery for equity holders that Simon has proposed would be a great result. We fully support and encourage prompt engagement by the company with Simon,” Michael Stamer, counsel for the Official Committee of General Growth's Unsecured Creditors, said in the statement.

If the deal was consummated, it would make combine the country’s two largest mall owners. Simon, already the largest publicly traded real estate company in the US, would grow even larger and further expand its reach in the luxury shopping mall market.

“This acquisition also offers a compelling value-creation opportunity for Simon shareholders. Simon's strong track record of successfully completing large acquisitions and our history of delivering superior property-level performance ideally position Simon to create additional value with General Growth's portfolio,” Simon said.

But one hitch in Simon’s plans is Toronto-based Brookfield Properties (BPO: 17.47 -0.80%). After GGP filed for Chapter 11 bankruptcy protection in April 2009, Brookfield, along with Simon, reportedly began purchasing GGP debt late last year and may be preparing a competing bid for GGP. As a debt holder, Brookfield will have a say in any takeover offer by Simon, along with a judge in the US Bankruptcy Court for the Southern District of New York, which is presiding over the GGP bankruptcy.

GGP did not immediately respond to HousingWire's request for comment.

Write to Austin Kilgore.

The author held no relevant investments.

Tuesday, February 16th, 2010

Mortgage delinquencies of 60 or more days rose for the 12th straight quarter, hitting a record high 6.89% in Q409, according to market research by credit bureau TransUnion.

The rate of deceleration seen in previous quarters in the rise in delinquencies appears "short lived," the credit bureau said. Year-over-year, the delinquency rate is up about 50% from 4.58% delinquent in Q408.

TransUnion, one of the major US credit bureaus, conducts a survey of exactly 27m credit files from its total consumer base, or about one in every nine consumer files in its database of 250m consumer files each quarter, a spokesperson previously told HousingWire.

States with the highest delinquency rates in Q409 were led by Nevada with 16.19% delinquent. Florida came in second with 14.93% delinquent. North Dakota had the lowest delinquency rate of 1.84%, while South Dakota and Alaska came in only slightly higher at 2.46% and 2.84% respectively, TransUnion said.

Thirty-eight Metropolitan Statistical Areas (MSAs) showed decreasing delinquency rates since Q309, including Corvallis, OR; Lafayette, IN; and Sharon, PA.

"At a more granular level, variations in delinquency highlight the fact that the recession and the eventual recovery are both regional phenomena tied for the most part to localized house price conditions and unemployment levels," said FJ Guarrera, vice president of the TransUnion financial services business unit, in a press statement.

Guarrera added: "We're not out of the woods yet. The continuing rise in foreclosures, in conjunction with low consumer confidence in the housing market, continues to hinder housing value appreciation and impede recovery in the mortgage industry."

TransUnion projects the 60-day delinquency rate will peak between 7.5% and 8% over the course of 2010.

TransUnion previously projected the delinquency rate would come in just under 7% by year-end 2009. That estimate is not far off – by only 11 bps – after the rate rose to 6.25% in Q309 (illustrated below, from TransUnion's Web site), from 5.81% in Q209.

The bureau in December projected that delinquencies will drop nearly 3% by year-end 2010 to 6.39%; but that was when the year-end delinquency rate was expected to come in around 6.56% rather than the current 6.89%.

Part of the rise in delinquencies may come from a trend of more borrowers than ever before choosing to pay down credit card debt before making mortgage payments. TransUnion found the share of borrowers who were delinquent on their mortgages but current on their credit cards rose to 6.6% in Q309 from 4.3% in Q108. At the same time, the share of borrowers that were delinquent on credit cards but current on mortgages slipped to 3.6% from 4.1%.

Write to Diana Golobay.

Tuesday, February 16th, 2010

There’s an e-mail making its way around the Internet calling attention to a piece purportedly written by syndicated columnist Charlie Reese that talks about the 545 people ultimately responsible for all of the woes currently being suffered by taxpayers in the United States. It turns out, according to this e-mail, that one hundred senators, 435 congressmen, one president, and nine Supreme Court justices are “directly, legally, morally, and individually responsible for the domestic problems that plague this country.”

Well, that sure eases my mind.

To know that only 545 people out of some 300 million Americans are the culprits behind all our woes is great news. You see, previous to this Eureka moment, I was scratching my head, looking around at the financial mess this country is in and asking myself, “Was it me?”

I mean, I could have learned a bit more about the market before I took that stock broker’s advice. I could have learned more about the company we trusted to invest my family’s 401K. I could have read up on the backgrounds of any of the politicians I voted for during any of the last 10 elections or so. I could have read the fine print on the HELOC my mortgage broker sold me to get me to 100% LTV so I wouldn’t have to put any money down on my mortgage, and found out about how quickly the interest rate would be jacked up. I could have put off a few purchases before my credit card companies jacked me up to the legal interest rate limit because my neighbor was late on his payment. I’ve been thinking lately that there are a lot of things I could have done that might have made the impact of this downturn a little less painful for me and my family.

But now that I’ve got this e-mail, I can rest easy in the fact that I can do what millions of other un- or under-educated Americans around the country are doing and blame it all on the government.

Sure, all but 9 of the 545 were elected by us voters, many of whom cast their vote for pork barrel promises and staunch support of socialistic welfare programs. Others fell prey to clever television ads or just voted along their party lines, with red for good and blue for bad. Or is it red for bad? I forget.

And that’s the point of e-mails like this. They offer us someone to burn at the stake, get us fired up about all the taxes we’re paying—without reminding us that they’re funding things that we asked for—and give us the opportunity to forget that it was, at least in part, our fault. Then they usually tell us what they’re selling. In politics, it’s almost always change.

Politics start with the promise of change but is driven by the willingness of the American public to forget. No one wants to remember the mistakes they’ve made, the many times they were duped into making a bad trade by a clever salesman. Arguments like that presented in this e-mail give us the opportunity to forget that this is our fault at the same time it gets us mad enough to vote for a change.

On the other hand, maybe it wouldn’t be so bad if Americans got mad. I mean really fired up about the sorry state of affairs they see around them. Maybe some of them would get so angry that they actually crack a book and learn something. Or write one and put forward a real solution. That’s a future I’d like to see. Americans getting better educated on what makes our system work so they can stand up intelligently and work for solutions instead of just huddling up with their friends on Facebook and chanting, “Burn it down!”

But then, I’m not in the business of selling ideas that would only work for someone who believed in the concept of personal responsibility, not when there are reportedly only 545 people in the prospect universe. I think I’d rather be a mortgage broker, or an appraiser even.

Next week: I’ll share an e-mail from someone who might really have a solution the mortgage industry could use.

Tuesday, February 16th, 2010

The Federal Home Loan Bank of Seattle has launched a series of lawsuits against Wall Street banks, seeking to force them to buy back souring mortgage-backed securities.

In 11 separate lawsuits filed in late December in King County Superior Court in Washington, the Seattle bank alleges that it was misled by underwriters about the quality of $4 billion of securities it purchased as investments at the height of the housing boom.

The Seattle bank is seeking to force the firms to repurchase the securities, plus interest.

The $4 billion in securities represents the majority of private-label mortgage securities held by the bank, based on its most recent quarterly earnings filings. Private-label securities aren't backed by a government-related entity.

Tuesday, February 16th, 2010

Record-low interest rates in the fourth quarter of 2009 — thanks in large part to government intervention in both the primary and secondary mortgage markets — drove refinancing borrowers towards fixed-rate loans almost exclusively. Freddie Mac (FRE: 0.00 N/A) reported Monday that 95%of refinance loans during the last quarter of last year were of the fixed-rate variety.

And while traditional 30-year fixed-rate mortgages are still the most preferred product among refinancings, 15-year fixed-rate mortgages gained favor among borrowers who previously held 30-year fixed-rate mortgages, balloon mortgages and adjustable-rate mortgages (ARMs), the GSE said in a statement.

“The lowest fixed-rate interest rates in more than a generation, coupled with the comfort that a constant monthly principal and interest payment provides the homeowner, are important drivers in fixed-rate product choice," said Frank Nothaft, vice president and chief economist for Freddie Mac.

“While homeowners are choosing the safety of fixed-rate mortgages in large numbers, at the same time many borrowers are now looking at paying down their mortgage balances faster by choosing a shorter mortgage term of 15 or 20 years instead of 30."

Borrowers also chose to pay down principal during refinancing at a record clip in the fourth quarter. Freddie reported at the end of January that 33% of borrowers paid down their original principal by $1,000 or more during the process of refinancing their mortgage — the highest such "cash in" refinancing volume in the history of the GSE's survey.

"When you can only earn a very low interest rate on your CD or money market accounts, and returns on other investments remain extremely uncertain, it can make sense to pay yourself 4.5 or 5 percent by eliminating some mortgage debt whether by making extra payments or going for a shorter loan term," Nothaft said.



Origination/Lending
Kenneth Bacon, executive vice president of the Fannie Mae multifamily mortgage business, is retiring after 18 years at the mortgage...

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Servicing/Default
The serious delinquency rate for Federal Housing Administration mortgages reached 9.6% in December, the highest level in more than two...

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